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Judgment
16 paragraphs · 322 wordsJITENDRA CHAUHAN, J.          Â
This writ petition under Articles 226/227 of the Constitution of India has been filed for the issuance of a writ, in the nature of mandamus directing
the respondents to pay arrears of difference of pay after restoration of 4 special increments in accordance with the judgment in LPA-1161-2009
(Annexure P-8) as modified by Hon'ble the Supreme Court in SLP (C) 13027-2011 decided on 16.07.2014 (Annexure P-9).
Learned counsel appearing on behalf of the petitioners states that at this stage she would be satisfied, if a direction is issued to respondent No.2 to
consider and decide the claim of the petitioners in the light of judgment passed by this Court in LPA-1161-2009 (Annexure P-8) and judgment passed
by Hon'ble the Supreme Court in SLP (C)-13027-2011 decided on 16.07.2014 (Annexure P-9) where relief to the extent of restoration of 4 special
increments have already been allowed. However, the difference of the arrears have not been paid. It is asserted that for redressal of the grouse, the
petitioners submitted representation dated 12.07.2017 (Annexure P-11), however, the same has not been acted upon.
Heard.
In view of the above, without adverting to the merits of the case, the present petition is disposed of with a direction to respondent No.2-Chief
Engineer, Ranjit Sagar Dam, Shahpurkandi Township, Tehsil & District Pathankot to consider and decide the representation dated 12.07.2017
(Annexure P-11) in the light of Annexures P-8 and P-9 expeditiously at this stage. In case, on consideration, the competent authority reaches to the
conclusion that the benefit claimed by the petitioners is admissible to them, in such eventuality, the consequential relief be allowed to them, within a
period of six weeks thereafter. However, in case the competent authority feels that the relief claimed by the petitioners is not admissible to them or
made out, in that case, a speaking order be passed in the matter.
